Articles 2020

A practical, hands-on legal bootcamp for lawyers interested in law practice innovation will return in 2019. Osgoode Professional Development will host an info session on October 30, 2018.

Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario. All the decisions this week were procedural in nature. One of those was yet another decision in Fontaine v Canada, the Residential School Settlement case, with more appellate decisions apparently to come in that matter.

Plaintiffs' counsel be aware: the litigation finger test can assist in cases of misdescription or misnomer of a party, allowing the plaintiff to correct their mistake and "add" the intended person as a party even after the expiration of the limitation period.

Report from the Office of the Privacy Commissioner of Canada sheds light on the limits that Canadian privacy regulators can impose on the use of publicly available personal information on social networking platforms.

In Delta Airlines Inc v Lukács, the Supreme Court addresses two important issues. First, in a counter-intuitive way, it addresses when a reviewing court may supplement reasons, following concerns raised by administrative lawyers after the seminal case of Edmonton East. Second, it reaffirms that tribunals and courts should provide access to justice by maintaining an open door to public interest litigants with genuine complaints.

A recent decision from the Ontario Superior Court of Justice examines when a researcher-participant relationship in the context of human studies will give rise to fiduciary obligations. In Stirrett v Cheema et al, 2018 ONSC 2595, a plaintiff successfully recovered damages from a defendant physician on the basis that the doctor breached his fiduciary duty to the plaintiff’s deceased spouse who was a participant in the doctor’s study.

The courts continue to delineate the scope and operation of rectification following the Supreme Court of Canada’s decision in Canada (Attorney General) v. Fairmont Hotels Inc., which significantly curtailed the availability of the remedy. This article discusses a recent British Columbia Supreme Court decision in which the Court granted an order to rectify a directors’ resolution declaring a capital dividend, the amount of which had been erroneously inflated.

Juli Smyth and Debby Shapero Propp share their experience with the Competitive Dialogue methodology for project procurement.

A discussion of the Canadian Venture Capital and Private Equity Association's H1 2018 VC & PE Canadian Market Overview, including year-to-date trends in venture capital and private equity investment in Canada.

A case summary exploring the Ontario Court of Appeal's position on Section 4 of the Interest Act, specifically pertaining to interest payable by borrowers, in its recently released decision Solar Power Network Inc. v. ClearFlow Energy.